but the important piece to remember is that the government can ask a suspect anything that they want. but the miranda and the fifth amendment limits what is admissible in court. >> so the risk you're running is a risk of inadmissibility, because this part of the law, this -- a public safety exception of this magnitude is as yet untested before the courts. >> absolutely. >> and so the risk you're running, you're taking on some risk that what he wrote down on a pad as far as reporting is not admissible, although my sense, don, the government is fairly confident they can convict? >> i would think even if somehow they lost some of his statement, there is so much other evidence. and, you know, if you look back to the abdulmutallab, they went to his bedside and asked him questions without miranda under the public safety exception, and those would have been admissible had he not plead guilty. >> the surprising tweet of the weekend, glenn beck tweeted i despise this terrorist and all he has done, but we must not lose who we are. he is an american. read him his rights. we are not russia.